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Ohio Consumers' Counsel seeks subpoenas compelling testimony from six former FirstEnergy executives, lobbyists

The Ohio Consumers' Counsel (OCC) sought subpoenas this week compelling testimony from six former FirstEnergy executives and lobbyists for the upcoming June hearing, part of the Public Utilities Commission of Ohio (PUCO) consumer investigations into the House Bill 6 bribery scandal.

Those subpoenaed include:

• Joel Bailey, former Vice President, State & Local Government Affairs & Economic Development;

• Justin Biltz, former Director, State Regulatory Affairs – Ohio;

• Dennis Chack, former Senior Vice President, Product Development, Marketing, and Branding;

• Ty Pine, former Director, State Affairs;

• Steven Strah, former CEO, FirstEnergy; and

• Robert Reffner, former Senior Vice President and Chief Legal Officer.

Each subpoena linked above outlines the background information, context, and some of the topics to be addressed during testimony.  The subpoenas were signed by the PUCO and served.

These subpoenas reflect OCC’s ongoing commitment to uncovering the truth about the corruption scandal that has cost Ohio utility consumers millions of dollars. The PUCO investigations were launched after OCC’s request to ensure transparency and financial justice in the wake of the FirstEnergy/HB 6 scandal.
 
The first four subpoenas listed above are for witnesses who previously refused to testify after invoking their Fifth Amendment rights against self-incrimination.  Legal counsel for these individuals requested an order from the Franklin County Court of Common Pleas before agreeing to testify. 

Their legal counsel argued that orders compelling their testimony would cement their claims of immunity under Ohio Revised Code 4903.08. The orders were issued by the Court in April, see: https://dis.puc.state.oh.us/DocumentRecord.aspx?DocID=e97c24b2-7f1b-440…

In March, OCC, Assistant Ohio Attorneys General, and other parties agreed on procedures to obtain the crucial testimony, including the permitted scope of questioning for former FirstEnergy employees.
Some potential witnesses, including former FirstEnergy President Chuck Jones and Vice President Michael Dowling were excluded following discussions with law enforcement officials.

The hearing, set to begin June 10, is expected to run several days.

In addition to the subpoenaed FirstEnergy officials, former PUCO Commissioner Ashley Brown is expected to appear on OCC’s behalf. Mr. Brown submitted written testimony in the investigation cases on with recommendations for consumer protection and penalties.

“We look forward to getting answers for FirstEnergy consumers and holding FirstEnergy accountable," said  Maureen Willis of the Ohio Consumers’ Counsel. "Justice for FirstEnergy consumers is long overdue.”
 

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